HB 0517

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to university campus master plans and
7	campus development agreements; amending s. 1013.30, F.S.;
8	requiring maintenance of a copy of a campus master plan on
9	the university's website; requiring a master plan to
10	identify the general location of structures; revising
11	method for submission of a draft master plan for review;
12	revising the review period for draft master plans;
13	providing additional hearing requirements; providing
14	requirements for the filing of a petition by an
15	individual; revising provisions relating to mediation of
16	issues in dispute; providing requirements for the signing
17	of a pleading, motion, or other paper; providing for
18	sanctions; requiring the adoption of rules by university
19	boards of trustees; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (3), (6), (7), (8), and (22) of
24	section 1013.30, Florida Statutes, are amended to read:
25	1013.30  University campus master plans and campus
26	development agreements.--
27	(3)  Each university board of trustees shall prepare and
28	adopt a campus master plan for the university and maintain a
29	copy of the plan on the university's website. The master plan
30	must identify general land uses and address the need for and
31	plans for provision of roads, parking, public transportation,
32	solid waste, drainage, sewer, potable water, and recreation and
33	open space during the coming 10 to 20 years. The plans must
34	contain elements relating to future land use, intergovernmental
35	coordination, capital improvements, recreation and open space,
36	general infrastructure, housing, and conservation. Each element
37	must address compatibility with the surrounding community. The
38	master plan must identify specific land uses, general location
39	of structures, densities and intensities of use, and contain
40	standards for onsite development, site design, environmental
41	management, and the preservation of historic and archaeological
42	resources. The transportation element must address reasonable
43	transportation demand management techniques to minimize offsite
44	impacts where possible. Data and analyses on which the elements
45	are based must include, at a minimum: the characteristics of
46	vacant lands; projected impacts of development on onsite and
47	offsite infrastructure, public services, and natural resources;
48	student enrollment projections; student housing needs; and the
49	need for academic and support facilities. Master plans must be
50	updated at least every 5 years.
51	(6)  Before a campus master plan is adopted, a copy of the
52	draft master plan must be physically sent and made available
53	electronically for review to the host and any affected local
54	governments, the state land planning agency, the Department of
55	Environmental Protection, the Department of Transportation, the
56	Department of State, the Fish and Wildlife Conservation
57	Commission, and the applicable water management district and
58	regional planning council. These agencies must be given 90 days
59	after receipt of the physical copy of the campus master plans in
60	which to conduct their review and provide comments to the
61	university board of trustees. The commencement of this review
62	period must be advertised in newspapers of general circulation
63	within the host local government and any affected local
64	government to allow for public comment. Following receipt and
65	consideration of all comments, and the holding of at least two
66	public hearings within the host jurisdiction, the university
67	board of trustees shall adopt the campus master plan. The first
68	hearing shall be held by the university after the electronic
69	copy of the draft master plan is available and prior to the
70	physical copy of the draft master plan being sent to the
71	agencies identified in this subsection. The second hearing shall
72	be held by the university at least 14 days prior to the adoption
73	of the draft master plan by the university board of trustees. It
74	is the intent of the Legislature that the university board of
75	trustees comply with the notice requirements set forth in s.
76	163.3184(15) to ensure full public participation in this
77	planning process. Campus master plans developed under this
78	section are not rules and are not subject to chapter 120 except
79	as otherwise provided in this section.
80	(7)  Notice that the campus master plan has been adopted
81	must be forwarded within 45 days after its adoption to any
82	affected person that submitted comments on the draft campus
83	master plan. The notice must state how and where a copy of the
84	master plan may be obtained or inspected. Within 30 days after
85	receipt of the notice of adoption of the campus master plan, or
86	30 days after the date the adopted plan is available for review,
87	whichever is later, an affected person who submitted comments on
88	the draft master plan may petition the university board of
89	trustees, challenging the campus master plan as not being in
90	compliance with this section or any rule adopted under this
91	section. The petition must state each objection, identify its
92	source, and provide a recommended action. A petition filed by an
93	affected local government may raise only those issues directly
94	pertaining to the public facilities or services that the
95	affected local government provides to or maintains within the
96	campus or to the direct impact that campus development would
97	have on the affected local government. A petition filed by an
98	individual may raise only those issues pertaining to the public
99	facilities or services that have a direct and material impact on
100	the individual. The university shall have the authority during
101	the pendency of a challenge to negotiate and execute a campus
102	development agreement as provided in subsection (11). Any
103	affected person who files a petition pursuant to this subsection
104	may challenge only those provisions in the plan that were raised
105	by that person's oral or written comments, recommendations, or
106	objections presented to the university board of trustees prior
107	to or during the adoption hearing for the campus master plan.
108	(8)  Following receipt of a petition, the petitioning party
109	or parties and the university board of trustees shall mediate
110	the issues in dispute as follows:
111	(a)  The parties have 60 days to resolve the issues in
112	dispute. Other affected parties that submitted comments on the
113	draft campus master plan must be given the opportunity to
114	participate in these and subsequent proceedings.
115	(b)  If resolution of the matter cannot be achieved within
116	60 days, the issues must be submitted to the state land planning
117	agency. The state land planning agency has 60 days to hold an
118	evidentiary hearing informal hearings, if necessary, identify
119	the issues remaining in dispute, prepare a record of the
120	proceedings, and submit the matter to the Administration
121	Commission for final action. The evidentiary hearing shall be
122	conducted using the evidentiary procedures set forth in s.
123	120.57(1). The report to the Administration Commission must be
124	based on evidence adduced on the record prior to and during the
125	evidentiary hearing and list each issue in dispute, describe the
126	nature and basis for each dispute, identify alternative
127	resolutions of the dispute, determine the petitioner's
128	compliance with requirements of this section, and make
129	recommendations.
130	(c)  After receiving the report from the state land
131	planning agency, the Administration Commission shall take action
132	to resolve the issues in dispute. In deciding upon a proper
133	resolution, the Administration Commission shall consider the
134	nature of the issues in dispute, the compliance of the parties
135	with this section, the extent of the conflict between the
136	parties, the comparative hardships, and the public interest
137	involved. If the Administration Commission incorporates in its
138	final order a term or condition that specifically requires the
139	university board of trustees or a local government to amend or
140	modify its plan, the university board of trustees shall have a
141	reasonable period of time to amend or modify its plan, and a
142	local government shall initiate the required plan amendment,
143	which shall be exempt from the requirements of s. 163.3187(1).
144	Any required amendment to a local government comprehensive plan
145	must be limited in scope so as to only relate to specific
146	impacts attributable to the campus development. The final order
147	of the Administration Commission is subject to judicial review
148	as provided in s. 120.68.
149	(d)  The signature of an attorney or party constitutes a
150	certificate that he or she has read the pleading, motion, or
151	other paper and that, to the best of his or her knowledge,
152	information, and belief formed after reasonable inquiry, it is
153	not interposed for any improper purpose, such as to harass or to
154	cause unnecessary delay, or for economic advantage, competitive
155	reasons, or frivolous purposes or needless increase in the cost
156	of litigation. If a pleading, motion, or other paper is signed
157	in violation of these requirements, the Administration
158	Commission, upon motion or its own initiative, shall impose upon
159	the person who signed it, a represented party, or both, an
160	appropriate sanction, which may include an order to pay to the
161	other party or parties the amount of reasonable expenses
162	incurred because of the filing of the pleading, motion, or other
163	paper, including a reasonable attorney's fee.
164	(22)  In consultation with the state land planning agency,
165	each university board of trustees the State Board of Education
166	shall adopt rules implementing subsections (3)-(6). The rules
167	must set specific schedules and procedures for the development
168	and adoption of campus master plans.
169	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.